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2026 DAILYLAW 28906 (CAL)

MUKUL DAS AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

WPA/16783/2026 · 2026-07-20

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.07.2026 rc/ct.no.15 Item No.12 WPA No. 16783 of 2026 Mukul Das Versus The State of West Bengal & Ors. Mr. Pritam Choudhury ..for the petitioner Mr. D.N.Ray, Ld. G.P. Mr. Madhu Jaha Mr. Subhajit Das …for the State Affidavit of service filed by the petitioner is taken on record. The private respondent/Sabhapati of Raghunathganj –I Panchayat Samity is not represented despite service. The petitioners who are the members of Raghunathganj –I Panchayat Samity submitted a no confidence motion for removal of the Sabhapati of the Samity before the Prescribed Authority on June 16, 2026 which was received by the latter on the same date. The Prescribed Authority, by a notice issued on June 19, 2026, fixed the date of meeting on July 06, 2026. Since July 06, 2026 was subsequently declared as a public holiday, the meeting was postponed to July 07, 2026 by a notice issued on June 25, 2026. However, by a subsequent notice issued on July 04, 2026, the meeting was cancelled due to non- availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law. It is a fact that the time frame prescribed in Section 101(10) of the West Bengal Panchayat Act, 1973 has expired. However, the said provision should be read with Section 101(4) of the Act. Since the meeting had to be cancelled by the Prescribed Authority on both the dates due to circumstance beyond his control, this Court is inclined to hold that the time frame fixed in the relevant provision stands extended correspondingly. In view of the above, the Prescribed Authority and Sub-Divisional Officer, Jangipur, being the 3rd respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to all the relevant parties and take the proceeding to its logical conclusion at the earliest in accordance with law. The Inspector in Charge, Raghunathganj Police Station is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully and without any disturbance from any corner whatsoever. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. 2 All parties are directed to act upon the server copy downloaded from the official website of this Court. (Suvra Ghosh,J) 3